I 

116TH CONGRESS 

1ST SESSION H. R. 2646 

To direct the Federal Trade Commission to prescribe rules prohibiting 

deceptive advertising of abortion services, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2019 

Mrs. CAROLYN B. MALONEY of New York (for herself, Ms. BONAMICI, Mr. 

FOSTER, Ms. JAYAPAL, Mr. MOULTON, Miss RICE of New York, Mr. 

GALLEGO, Mr. SCHIFF, Ms. MCCOLLUM, Mr. GRIJALVA, Mr. RASKIN, 

Ms. DELAURO, Mr. KRISHNAMOORTHI, Mr. POCAN, Mr. AGUILAR, and 

Mr. KHANNA) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To direct the Federal Trade Commission to prescribe rules 

prohibiting deceptive advertising of abortion services, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Deceptive Adver5 tising for Women’s Healthcare Services Act’’. 


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1 SEC. 2. PROHIBITION OF DECEPTIVE ADVERTISING OF 

2 ABORTION SERVICES. 

3 (a) CONDUCT PROHIBITED.—Not later than 180 

4 days after the date of enactment of this Act, the Federal 

5 Trade Commission shall, in accordance with section 553 

6 of title 5, United States Code, promulgate rules to pro7 hibit, as an unfair or deceptive act or practice, any person 

8 from advertising with the intent to deceptively create the 

9 impression that— 

10 (1) such person is a provider of abortion serv11 ices if such person does not provide abortion serv12 ices; and 

13 (2) such person is not a provider of abortion 

14 services if such person does provide abortion serv15 ices. 

16 (b) ENFORCEMENT BY THE FTC.—A violation of a 

17 rule promulgated under subsection (a) shall be treated as 

18 a violation of a rule defining an unfair or deceptive act 

19 or practice under section 18(a)(1)(B) of the Federal 

20 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The 

21 Commission shall enforce such rules in the same manner, 

22 by the same means, and with the same jurisdiction, pow23 ers, and duties as though all applicable terms and provi24 sions of the Federal Trade Commission Act were incor25 porated into and made a part of this Act. Any person who 

26 violates this Act shall be subject to the penalties and entiVerDate Sep 11 2014 05:41 May 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2646.IH H2646

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1 tled to the privileges and immunities provided in the Fed2 eral Trade Commission Act (15 U.S.C. 41 et seq.). 

3 (c) NONPROFIT ORGANIZATIONS.—The Commission 

4 shall enforce this Act with respect to an organization that 

5 is not organized to carry on business for its own profit 

6 or that of its members as if such organization were a per7 son over which the Commission has authority pursuant to 

8 section 5(a)(2) of the Federal Trade Commission Act (15 

9 U.S.C. 45(a)(2)). 

10 SEC. 3. REPORTS. 

11 (a) REPORT ON PLAN FOR ENFORCEMENT.—Not 

12 later than 60 days after issuing a final rule under section 

13 2(a), the Federal Trade Commission shall transmit to 

14 Congress a report detailing its plan to enforce such rule. 

15 (b) ANNUAL REPORTS.—The Commission shall sub16 mit annual reports to Congress that include the enforce17 ment actions of the Commission under this Act and any 

18 rule promulgated pursuant to this Act and the outcomes 

19 of such actions. 

20 SEC. 4. DEFINITIONS. 

21 For purposes of the rules prescribed under section 

22 2, the following definitions apply: 

23 (1) ADVERTISE.—The term ‘‘advertise’’ means 

24 offering of goods or services to the public, regardless 


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1 of whether such goods or services are offered for 

2 payment or result in a profit. 

3 (2) ABORTION SERVICES.—The term ‘‘abortion 

4 services’’ means providing surgical and non-surgical 

5 procedures to terminate a pregnancy, or providing 

6 referrals for such procedures. 

7 (3) PERSON.—The term ‘‘person’’ has the 

8 meaning given that term in section 551(2) of title 5, 

9 United States Code. 

Æ 


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